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REGIONAL WATER BOARD RESP NSE (SWRCB/OCC FILE A-1886) • -7- PETITION FOR REVIEW OF WAWDISCHARGE REQUIREMENTS ORDER NO. R5-2007-0113 (NPDES NO. CA0079243) CITY OF LODI, WHITE SLOUGH WATER POLLUTION CONTROL FACILITY CONTENTION E: MASS LIMITATIONS REQUIRED The Permit fails to contain mass-based effluent limits for chlorodibromomethane, dichlorobromomethane, aluminum, and manganese as required by Federal Regulations 40 CFR 122.45(b). The federal regulations require mass limitations for POTWs, but include specific exceptions. 40 CFR section 122.25(f)(1)(ii) states that mass limitations are not required when applicable standards are expressed in terms of other units of measurement (e.g. concentration). The water quality-based effluent limitations for chlorodibromomethane, dichlorobromomethane, aluminum, and manganese are based on water quality criteria that are expressed in terms of concentration. Pursuant to 40 CFR section 122.25(f)(1)(ii), expressing the effluent limitations in terms of concentration is expressly allowed. Including additional mass limitations for these constituents, which would simply be calculated based on the concentration-based WQBEL and the Facility's design flow, are not necessary for protection of the beneficial uses of the receiving water. The Regional Water Board includes mass limitations, in addition to the concentration limitations, when the mass limitations are necessary to protect the beneficial uses of the receiving water (e.g. for bioaccumulative constituents or oxygen demanding substances). CONTENTION F: EFFLUENT LIMITATION FOR BIS(2- ETHYLHEXYL)PHTHALATE REQUIRED The Permit fails to contain an Effluent Limitation for bis(2- ethylhexyl)phthalate despite a clear reasonable potential to exceed waste quality standards in violation of Federal Regulations 40 CFR 122.44. The Discharger obtained fourteen samples from February 2005 through August 2006. One sample collected on 7 September 2005, indicated a bis (2-ethylhexyl) phthalate concentration of 11 pg/L, which exceeds the NTR criterion of 1.8 Ng/L. Because previous samples (collected on 5 February 2005, and 13 April 2005) were non-detects based on a Minimum Detection Limit of 1.7 pg/L, and the fact that the handling and storing of bis (2-ethyl-hexyl) phthalate samples are known to be easily contaminated, the Discharger, suspicious of this analytical result, accelerated monitoring at lower detection limits. All subsequent analytical results (nine samples collected from November 2005 to August 2006) were non-detects, based on a lower Method Detection Limit of 0.6 pg/L. Based on this information, and as authorized by the SIP (Section 1.2), the Regional Water Board determined that the analytical results of the sample collected on 7 September 2005, was not representative, and therefore, the discharge does not have a reasonable potential to cause or contribute to an in-stream excursion above the NTR criterion for bis (2-ethylhexyl) phthalate.